Rahul Kumar @ Rahul Singh @ Rahul Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72582 of 2023 Arising Out of PS. Case No.-487 Year-2023 Thana- MAHUA District- Vaishali ====================================================== RAHUL KUMAR @ RAHUL SINGH @ RAHUL KUMAR SINGH Son of Ratnesh Singh @ Ratnesh Kumar Singh R/o vill - Madhopur Nizma, P.S. - Mahua, Distt. - Vaisahli ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== For the Petitioner/s :

Mr.Gajendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-11-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Mahua P.S. Case No. 487 of 2023 dated 25.07.2023 registered for the offences punishable u/ss 272, 273, 420, 467, 414, 120B read with section 34 of the Indian Penal Code and u/ss 30(a)/32(ii)(iii)/36/41(i)(ii) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, 1324.8 litres of illicit foreign liquor was recovered from the two pick-up vans and all the accused persons managed to escape.

4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. Nothing has been recovered from the possession of the

Patna High Court CR. MISC. No.72582 of 2023(2) dt.06-11-2023 2/3 petitioner rather the recovery has been made from the vehicles which are not belongs to the petitioner. It is further submitted that the petitioner has no concern with the alleged recovery. The co-accused persons have already been granted anticipatory bail by the Co-ordinate Bench of this court vide order dated 61713 of 2023. The petitioner is accused in 13 other criminal cases in which he is on bail in one case as stated at para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Hajipur, Vaishali in connection with Mahua P.S. Case No. 487 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure with the condition :- (i) If the petitioner is found involved in similar nature of offence in future, his

Patna High Court CR. MISC. No.72582 of 2023(2) dt.06-11-2023 3/3 bail bond is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T